The Criminal Justice System Structure Process The Criminal
- Slides: 23
The Criminal Justice System Structure & Process
The Criminal Justice Process • Cycles individuals from the status of “free citizen” to that of suspect, then defendant, to convicted offender, probationer/inmate, parolee/released “offender” – as such “integrates” the System
How does this work? – A series of stages administered by a number of subsystems with different goals, values, and structures – The activities are expected to “sum to the “overall goal” and create the appearance of a “system
Criminal Justice System
The Stages in the Process • • • Observation/Report Investigation Arrest/Booking Initial Appearance Determination of Formal Charge • Arraignment, Indictment, or Information • Hearing on Pre-Trial Motions • Trial • Sentencing • Appeals/Post Conviction Remedies • Conditions of Sentence • Release • Parole/Revocation • Discharge
Bases for the Process – Values and Value Conflicts • • Due process Fundamental Fairness Propriety Freedom from Cruel and Unusual Punishment Equal Protection Rule of Law Presumption of Innocence
Values (cont) • • Constitutional Government Separation of Power Federalism Civil Rights Majority Rule Individualism Human Dignity Social Justice
Multiple Goals • Detect, Apprehend, Convict, Incapacitate • Deter Potential Offenders • Create an Ordered Society
Two Different Purposes • Control by “solving” crimes • Control by “preventing” crimes
Solving Crime • Control crime by solving offenses, arresting suspects, and processing and incapacitating offenders – Deals with the immediate and rests on the discovery of past criminal behavior
Preventing Crime • Preventing crime through these processes or other means – Forward looking, forecasting, forestalling future crimes by present interventions
Measures of Effectiveness • High arrest rates • Charging the highest possible crimes • Convicting offenders as charged • Sentencing to maximum terms • Arrest only under extreme conditions • Direct violators to other agencies • Charge only according to what is best for the person • Use probation/community corrections for a short period of time
Questions Raised • What is a “good” judge? • What is a “good” prosecutor? • What is a “good” corrections program? • What is a “good” law enforcement” agency?
Approaches to Deterrence • Belief in the certainty of criminal justice process and reliance on the severity of consequences • System should be nearly invisible while having a belief that it is operating efficiently • Prevention of opportunities
Creating an Ordered Society • Effectiveness and efficiency of the Criminal Justice Process • Reliance on elements which are more symbolic and ceremonial Note: The agencies in the Criminal Justice System are “agents” of the status quo
Conclusions and Consequences • The Criminal Justice System is comprised of a set of “subsystems” which have different and sometimes contradictory goals • Personnel within agency unit can be expected to have a vested interest in its survival if not expansion • System maintenance concerns are important factors in understanding the way the CJS operates and provide a basis for change
Present Conditions – no CJS agency is completely effective and efficient • Most crimes, particularly property crimes reported to the police are never “solved” • Prosecutorial role is often one of negotiation rather than trial • Judges are somewhat unsure of their effectiveness in sentencing • Correctional programs often fall far short of rehabilitation or reintegration
Functions Differ – but regardless of goals rests on governmental authority – it is a “legal” system • • Law Enforcement Prosecutorial/Defense Trial Court Corrections
Law Enforcement Functions • Enforce Laws • Maintain Order • Provide Services • Enforce Convenience Norms
Sources of Authority Differ • Legislative • Executive • Judicial (Appellate Courts) • Administrative
Authorities • Crimes are defined by legislation • Executive branch functions primarily to initiate legislation, appoint administrators and propose budgets • Appellate courts interpret the laws • Administrative agencies and officers e. g. police, prosecution, trial courts enforce law, collectively operate the overall CJ process and assure various degrees of operational rule-making authority
Differ in Structure • Distinctness of agencies and offices – noninterchangeable personnel • Separate, unrelated budgets • Differing, jurisdictional boundaries – e. g not one police agency
Differ in Structure (cont) • Separate human resource pools with personnel in each agency recruited from different populations • Differing patterns of personnel selection • Variations in the amount of client and indirect citizen involvement in the decision making process
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